Rajesh Dayal Khare, J.— Heard learned counsel for the applicant and learned AGA for the State/respondent.

2. The present 482 Cr.P.C. petition has been filed for quashing the proceedings of complaint case No.2144 of 2010, under Section 138 of Negotiable Instruments Act, pending before the Chief Judicial Magistrate-III, Agra and also for quashing of the summoning order dated 23.6.2010.

3. Learned counsel for the applicant contends that the cheque in question was lost, which has been misused by the opposite party No.2. It is further contended that the cheque does not bear the signature of? the applicant, therefore, no proceedings under Section 138 of Negotiable Instruments Act could have been drawn against the applicant.

4. The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been Instituted with a mala fide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.

5. From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All t